The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
To the middle thread of the way.
A writ directing a coroner to hold a second or further inquest
(from Ital. mezzatura, middle). In old Italian law. Persons chosen by the consent of contending parties to decide questions between them. Literally, mediators. Spelman.
- Adminicledefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Scotch Law. Any writing or deed introduced for the purpose of proof of the tenor of a lost deed to which it refers. Ersk. Inst. lib. 4, tit. 1, § 55; Stair, Inst. lib. 4, tit. 3
In ecclesiastical law. Evidence brought in to explain and complete other evidence. 2 Lee, Ecc. 595.
To give adminicular evidence.
An officer In the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman. ADMINICULUM (Lat.) In the civil and old English law. Aid or suppo
- Administration Suitdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
In English practice. A suit usually by a creditor for the administration of the insolvent estate of a decedent.
That branch of the criminal law which regulates the manner in which the different agencies of the governing body are set in motion to punish crime, as opposed to the penal law, whi
- Administratordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A person authorized to manage and distribute the estate of an intestate, or of a testator, who has no executor. See "Administration." In English law, administrators are the officer
- Admiraltydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In England. A court which has a very extensive jurisdiction of maritime causes, civil and criminal. A court of admiralty exists in Ireland, but the Scotch court was abolished by 1
- Admittancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. The act of giving possession of a copyhold estate. It is of three kinds, namely, upon a voluntary grant by the lord, upon a surrender by the former tenant, and upon
- Admonitiondefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A reprimand from a judge to a person accused, on being discharged, warning him of the consequences of his conduct, and intimating to him that, should he be guilty of the same fault
- Admonitio Trinadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The third warning given to one standing mute, before the infliction of the peine forte et dure. 4 Bl. Comm. 325.
- Ad Mordendum Assuetusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Accustomed to bite. A term applied to ferocious animals.
The reduction of property of lands or tenements to mortmain, in the feudal customs.
Annulled; cancelled; made void. ADNIHILARE (Law Lat. from ad, to, and nihil, nothing). In old English law. To reduce to nothing; to treat as nothing; to hold as or for nought; to a
- Ad Nocumentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
To the nuisance. Formal words in the assize of nuisance. 3 Bl. Comm. 221. AD OFFICIUM JUSTI CIARIORUM SPECtat, unicuique coram eis placitanti justltiam exhibere. It is the duty of
That age which follows puberty, and precedes the age of majority. It commences for males at fourteen, and for females at twelve years completed, and continues till twenty-one years
- Adoptiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The act by which a person takes the child of another into his family, and treats him as his own. A juridical act creating between two persons certain relations, purely civil, or pa
(Lat. promittere)- One who binds himself for another; a surety; a peculiar species of fidejussor. Calv. Lex. The term is used in the same sense in the Scotch law. The cautionary en
(Lat.) To which. The correlative term to a quo (q. v.), used in the computation of time, definition of a risk, etc., denoting the end of the period or journey. _ The terminus a quo
On complaint of. AD QUAESTIONEM FACTI NGN REspondent judices; ad quaestionem legis non respondent juratores. Judges do not answer to a question of fact; jurors do not answer to a q
- Ad Rationem Poneredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To cite a person to appear.
To recognize. Fleta,- lib. 2, c: 65, § 12. Formal words in old writs.
- Adrectaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To do right, satisfy, or make amends. ADRHAMIRE (Law. Lat. from old Fr. arrimir). In old European law. To undertake, declare, or promise solemnly; to pledge; to pledge one's self t
primum inquirere nomina, quia rerum cognltlo a nominlbus rerum dependet. In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depen
- Ad Respondendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See "Capias ad Respondendum;" "Habeas Corpus."
In civil law. The adoption of one who was impubes,—iiiat is, if a male, under fourteen years of age; if a female, under twelve. Dig. 1. 7. 17. 1.
- Adsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Burrill (1850)
See "Ad Sectam." ADSCENDENTS (Lat.) In the civil law. Ascendants. Dig. 23. 2. 68; Code, 5. 5. 6. ADSCRIPTI (Lat. scribere). Joined to by writing; ascribed; set apart; assigned to;
- Ad Satisfaciendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Capias ad Satisfaciendum."
ADSCRIPTICIUS, or adscriptitius (Lat. from adscriptus). In the civil law. United, annexed, or bound to. Adscriptitii (q. v.) were a class of cultivators who were annexed to the lan
- Ad Sectamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
At the suit of. It is commonly abbreviated. It is used where it is desirable to put the name of the defendant first, as in some cases where the defendant is filing his papers; thus
In Roman law. An accessory party to a promise, who received the same promise as his principal did, and could equally receive and exact payment; or he only stipulated for a part of
For studying and praying; for the promotion of learning and religion. A phrase applied to colleges and universities. 1 Bl. Comm. 467; T. Raym. 101.
A writ of entry which formerly lay for the lessor or his heirs, when a lease had been made of lands and tenements, for term of life or years, and, after the term had expired, the l
- Ad Tunc Et Ibidemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In pleading. The technical name of that part of an indictment containing the statement of the subject-matter's "then and there 6emg found." Bac. Abr. "Indictment" (G 4); 1 N. C. 93
- Adultdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Civil Lav/. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve. To be distinguished from full age in the civil law, which was
- Adulterationdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of corrupting or debasing; the act of mixing something impure or spurious with something pure or genuine, or an inferior article with a superior one of the same kind. ADULT
- Adulterinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The issue of adulterous intercourse.
Companies of traders acting as corporations, without charters, and paying a fine annually for the privilege of exercising their usurped privities. Smith, Wealth of Nations, bk. 1,
- Adulteriumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A fine imposed for the commission of adultery. Barr. Obs..St. 62, note.
- Adulterydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Bish. Mar. & Div. § 415; 6 Mete. (Mass.) 243; 36 Me. 261; 11 Ga. 56; 2
To the utmost import of the terms.
To the use and benefit.
See "Ad Valorem." AD VALOREM (Lat.) According to the valuation. Duties may be specific or ad valorem. Ad valorem duties are always estimated at a certain per cent, on the valuation
- Advancedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
As a noun means something ujaj. course, that precedes, such as a payment of money Adventitia bona are goods which fall to a made' before it is due. 169 111. App. 341 man otherwise
- Advancementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A gift by by some friend other than the parent. from a parent to a child of the whole or a part of what it is supposed such child would ADVENTURA (Lat. an adventure). Flotinherit o
- Advancesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Payments made on account (Va.) 211. But what constitutes such posof moneys to become due. It is applied to a session varies with the nature and situation number of specific transac
To Inspect the womb. A writ for the summoning of a jury of matrons to determine the question of pregnancy. AD VIM MAJOREM VEL AD CASUS fortuitos non tenetur quis^ nisi sua culpa in
A witness who manifests a bias against the party calling him. A party may be allowed to propound leading questions to such a witness. ADVERSUS (Lat.) Against.
To publish notice of; to publish a written or printed account of. 39 Hi. App. 401. ADVERTISEMENT (Lat. advertere, to turn to). Information or knowledge communicated to individuals
- Advicedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Information given by letter by one merchant or banker to another in regard to some business transaction which concerns him. y
The opinion of an attorney at law on facts stated to him. If given on a full and fair statement of the facts, it relieves the client of any imputation of malice in acting in it, an
or ADVISARI (Lat.) To advise; to consider; to be advised; to consult. Occurring often in the phrase curia advisari vult (usually abbreviated cur. adv. vult), the court wishes to co
By way of counsel. The verdict on a feigned issue is said to be advisory because the chancellor may, in his discretion, disregard it. ADVOCASSIE (Law Fr.) The office of an advocate
For life.
- Ad Vitam Aut Culpamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
For life, or until misbehavior. Words descriptive of a tenure of office "for life or good behavior," equivalent to guamdiu bene se gesserit.
In old English law. A patroness; a woman who had the right of presenting to a church. Liber Ramesiens, § 140, cited in Spelman, voc. "Advocatus."
- Advocatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
An assistant; adviser; a pleader of causes. Derived from advocare, to summon to one's assistance. Advocatus originally signified an assistant or helper of any kind, even an accompl
QUEEN'S (or KING'S). See "Queen's Advocate." ADVOCATI (Lat.) In Roman law. Patrons; pleaders; speakers. Anciently, any one who lent his aid to a friend, and who was supposed to be
In civil law. The function, duty, or privilege of an advocate. Du Cange.
Advocates of the church. These were of two sorts; those retained as pleaders to argue the cases of the church and attend to its law matters, and advocates, or patrons of the advows
In Scotch law. The removal of a cause from an inferior to a superior court by virtue of a writ or warrant issuing from the superior court. See "Bill of Advocation;" "Letter of Advo
In Old Practice. One who called on or vouched another to warrant a title; a voucher. Advocatus, the person called on, or vouched; a vouchee. Spelman; Towns. PI. 45. In Scotch Pract
A pleader; a narrator. Bracton, fols. 372b, 412a.
The devil's advocate; a person designated to present to the college of cardinals matter in opposition to a canonization.
AD QUEM PERTInent Jus advocationis alicujus ecclesiae, ut ad eccleslam, nomine proprio, non alieno, possit praesentare. A patron is he to whom appertains the right of presentation
At will.
In English ecclesiastical law.
The sovereign, who was the highest advowee.
- Advowsondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A right of presentation to a church or benefice. He who possesses this right is called the "patron" or "advocate." When there is no patron, or he neglects to exercise his right wit
or ADVOUTRY. In English law. The crime committed by a woman who, having committed adultery, continued to live with the adulterer. Cowell; Termes de la Ley. AEDES (Lat.) In civil la
See "Waractum."
SOLO CEDIT. That which is built upon the land goes with the land. Co. Litt. 4a; Broom, Leg. Max.
Buildings pass by a grant of the land. Fleta, lib. 3, c. 2, § 12. AEDILE (Lat.) In Roman law. An officer who attended to' the repairs of the temples and other public buildings; the
In old English law. The remuneration to the proprietor of a domain for the privilege of feeding swine under the oaks and beeches of his woods. AEGROTO (Lat. ablative of aegrotus, s
Equity.
Equity acts upon the person. 4 Bouv. Inst, note 3733.
Equity follows the law. 1 Story, Eq. Jur. § 64; 3 Wooddqson, Lect. 479, 482; Branch, Max. 8; 2 Sharswood, Bl. Comm. 330; Gilb. 136; 2 Eden, 316; 10 Mod. 3; 15 How. (U. S.) 299.
EST LEX LEgum. What is just and right is the law of laws. Hob. 224. AERARIUM (Lat. from aes, money). In the Roman law. The treasury (fiseus). Calv. Lex. AES (Lat.) In the Roman law
In old English law. Esnecy; the right or privilege of the eldest born. Spelman; Glanv. lib. 7, c. 3; Fleta, lib. 2, c. 66, §§ 5, 6. The privilege allowed the eldest daughter of dra
See "De Aetate Probande."
To act upon. 219 111. 15. AFFECTIO TUA NOMEN IMPONIT operi tuo. Your motive gives a name to your act. Bracton, fols. 2b, 101b.
The making over, pawning, or mortgaging a thing to assure the payment of a sum of money, of the discharge of some other duty or service. Tech. Diet. AFFECTUS (Lat.) Movement of the
In English law. To fix in amount; to liquidate. To affeer an amercement is to establish the amount which one amerced in a courtleet should pay. To aflfeer an account is to confirm
- Affeerorsdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. Those appointed by a court-leet to mulct those punishable, not by a fixed fine, but by an arbitrary sum, called "amercement." Termes de la Ley. AFFIANCE (Lat. a
- Affiantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
One who makes an affidavit (q. V.)
- Affidaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In Canon Law. To betroth; to plight one's faith generally. Bracton, fol. 29a; Co. Litt. 34a. — ^In Feudal Law. To swear fealty, as a tenant to his lord. Spelman. — ^In Old Practice
In canon and feudal law. A plighting or pledging of faith; a giving or swearing of fealty. Spelman.
An oath taken by the lords in parliament. AFFIDATU8. One who Is not a vassal, but who, for the sake of protection, has connected himself with one more powerful. Spelman; 2 Sharswoo
- Affidavit Of Defensedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Practice. A statement made in proper form that the defendant has a good ground of defense to the plaintiff's action upon the merits. The statements required in such an affidavit
- Affidavit To Hold To Baildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In practice. An affidavit which is required In many cases before a person can be arrested in a civil action.
To put on file. Now written "file."
- Affiliationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The fixing upon one the paternity of a bastard. -In French Law. A species of adoption which exists by custom in some parts of France. The person affiliated succeeded equally with o
Refining metal; hence "fine" and "refined." Blount AFFINES (Lat. finis). In civil law. Connections by marriage, whether of the persons or their relatives. Calv. Lex. From this word
- Affinitasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In civil law. Affinity.
That connection between parties arising from marriage which is neither consanguinity nor affinity. This term intends the connection between the kinsmen of the two persons married,
- Affinitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The connection existing, in consequence of marriage, between each of the married persons and the kindred of the other. The relation contracted on marriage between a husband and his
- Affirmancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The confirmation of a voidable act by the party acting, who is to be bound thereby. The term is in accuracy to be distinguished from "ratification," which is a recognition of the v